35552 Federal Register / Vol. 63, No. 125 /Tuesday, June 30, 1998 / Proposed Rules

notice of proposed rulemaking for final

regulations.

DATES: Written comments must be

received on or before September 28,

1998.

ADDRESSES: Send written comments to:

Chief, Regulations Division, Bureau of

Alcohol, Tobacco and Firearms, P.O.

Box 50221, Washington, DC 20091–

0221, Attn: Notice No.

FOR FURTHER INFORMATION CONTACT:

Barry Fields, Regulations Division,

Bureau of Alcohol, Tobacco and

Firearms, 650 Massachusetts Ave., NW,

Washington, DC 20226 (202–927–8210).

SUPPLEMENTARY INFORMATION:

Executive Order 12866

It has been determined that this

proposed rule is not a significant

regulatory action as defined in E.O.

12866, because the economic effects

flow directly from the underlying

statute and not from this temporary rule.

Therefore, a regulatory assessment is not

required.

Regulatory Flexibility Act

It is hereby certified that these

proposed regulations will not have a

significant economic impact on a

substantial number of small entities.

Accordingly, a regulatory flexibility

analysis is not required. The revenue

effects of this rulemaking on small

businesses flow directly from the

underlying statute. Likewise, any

secondary or incidental effects, and any

reporting, recordkeeping, or other

compliance burdens flow directly from

the statute.

Paperwork Reduction Act

The collection of information

contained in this notice of proposed

rulemaking has been submitted to the

Office of Management and Budget for

review in accordance with the

Paperwork Reduction Act of 1995 (44

U.S.C. 3507(d)). Comments on the

collection of information should be sent

to the Office of Management and

Budget, Attention: Desk Officer for the

Department of the Treasury, Bureau of

Alcohol, Tobacco and Firearms, Office

of Information and Regulatory Affairs,

Washington, DC 20503, with copies to

the Chief, Information Programs Branch,

Room 3450, Bureau of Alcohol, Tobacco

and Firearms, 650 Massachusetts

Avenue, NW, Washington, DC 20226.

Comments are specifically requested

concerning:

Whether the proposed collection of

information is necessary for the proper

performance of the functions of the

Bureau of Alcohol, Tobacco and

Firearms, including whether the

information will have practical utility;

The accuracy of the estimated burden

associated with the proposed collection

of information (see below);

How the quality, utility, and clarity of

the information to be collected may be

enhanced; and

How the burden of complying with

the proposed collection of information

may be minimized, including through

the application of automated collection

techniques or other forms of information

technology.

The collection of information in this

proposed regulation is in 27 CFR

178.130(a)(1) and 178.134. This

information is required to prevent the

purchase of handguns by persons

convicted of a misdemeanor crime of

domestic violence. The likely

respondents are individuals.

Estimated total annual reporting

burden per respondent: .1 hours.

Estimated number of respondents:

8,000,000.

An agency may not conduct or

sponsor, and a person is not required to

respond to, a collection of information

unless it displays a valid control

number assigned by the Office of

Management and Budget.

Public Participation

ATF requests comments on the

temporary regulations from all

interested persons. Comments received

on or before the closing date will be

carefully considered. Comments

received after that date will be given the

same consideration if it is practical to

do so, but assurance of consideration

cannot be given except as to comments

received on or before the closing date.

ATF will not recognize any material

in comments as confidential. Comments

may be disclosed to the public. Any

material which the commenter

considers to be confidential or

inappropriate for disclosure to the

public should not be included in the

comment. The name of the person

submitting a comment is not exempt

from disclosure.

Any interested person who desires an

opportunity to comment orally at a

public hearing should suhmit his or her

request in writing, to the the Director

within the 90-day comment period. The

Director, however, reserves the right to

determine, in light of all circumstances,

whether a public hearing is necessary.

The temporary regulations in this

issue of the Federal Register amend the

regulations in 27 CFR part 178. For the

text of the temporary regulations, see

T.D. ATF—published in the Rules and

Regulations section of this issue of the

Federal Register.

Drafting Information: The author of

this document is Barry Fields,

Regulations Branch, Bureau of Alcohol,

Tobacco and Firearms.

Signed: February 18, 1998.

John W. Magaw,

Director.

Approved: April 24, 1998.

John P. Simpson,

Deputy Assistant Secretary (Regulatory, Tariff

and Trade Enforcement).

[FR Doc. 98–17287 Filed 6–29–98; 8:45 am]

BILLING CODE 4810–31–P

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD07–97–020]

RIN 2115–AE47

Drawbridge Regulations; Atlantic

Intracoastal Waterway, Florida

AGENCY: Coast Guard, DOT.

ACTION: Supplemental notice of

proposed rulemaking.

SUMMARY: The Coast Guard proposes to

change the regulations governing the

operation of the Flagler Memorial, Royal

Park, and Southern Boulevard

drawbridges at Palm Beach. The Coast

Guard has reconsidered its original

proposal in the NPRM published on

August 12, 1997, to change both the

seasonal weekday and weekend

operating imstructions for the bridges,

and now is proposing to change only the

seasonal weekday opening instructions,

including eliminating the existing

weekday openings at 8 a.m. on the

Flagler Memorial bridge and at 8 a.m.

and 5 p.m. on the Royal Park bridge,

while retaining the other provisions in

the original NPRM extending the

seasonal opening period by one month

and establishing a 30 minutes opening

schedule for the Southern Boulevard

Bridge during seasonal weekdays.

DATES: Comments must be received on

or before August 31, 1998.

ADDRESSES: Comments may be mailed to

Commander (oan) Seventh Coast Guard

District, 909 SE 1st Avenue, Miami,

Florida 33131–3050, or may be

delivered to room 406 at the above

address between 7:30 a.m. and 4 p.m.

Monday through Friday, except federal

holidays. The telephone number is (305)

536–6546. The Commander, Seventh

Coast Guard District maintains the

public docket for this rulemaking.

Comments will become part of this

docket and will be available for
Federal Register / Vol. 63, No. 125 /Tuesday, June 30, 1998 / Proposed Rules 35553

inspection or copying at the above

address.

FOR FURTHER INFORMATION CONTACT: Ms.

Evelyn Smart, Project Manager, Bridge

Section, (305) 536–6546.

SUPPLEMENTARY INFORMATION:

Requests for Comments

The Coast Guard encourages

interested persons to participate in this

rulemaking by submitting written data,

views or arguments. Persons submitting

comments should include their names

and addresses, identify the rulemaking

[CGD07–97–020] and the specific

section of this revised proposal to which

each comment applies, and give the

reason for each comment. The Coast

Guard requests that all comments and

attachments be submitted in any

unbound format suitable for copying. If

not practical, a second copy of any

bound material is requested. Persons

wanting acknowledgment of receipt of

comments should enclose a stamped,

self-addressed postcard or envelope.

The Coast Guard will consider all

comments received during the comment

period. If may change this proposal in

view of the comments received.

The Coast Guard plans no public

hearing. Persons may request a public

hearing by writing to Ms. Evelyn Smart

at the address under ADDRESSES. The

request should include the reasons why

a hearing would be beneficial. If it

determines that the opportunity for oral

presentations will aid this rulemaking,

the Coast Guard will hold a public

hearing at a time and place announced

by a later notice in the Federal Register.

Regulatory History

On August 12, 1997, the Coast Guard

published a Notice of Proposed

Rulemaking (NPRM) in the Federal

Register (62 FR 43132). The NPRM

proposed to change the regulations

governing the operation of the Flagler

Memorial, Royal Park, and Southern

Boulevard drawbridges in Palm Beach,

Florida. In response to the NPRM, the

Coast Guard received objections from

the Florida Inland Navigation District,

the Marine Industries of Palm Beach

and several local residents, expressing

their concern about seasonal weekend

openings being limited to set times vice

opening on signal.

Background and Purpose

The Coast Guard’s original proposal

included commencing the seasonal

opening schedules for all three bridges

a month earlier on 1 October to help

reduce traffic congestion and proposed

seasonal 30 minute weekend and

holiday opening schedules for all three

bridges. It also proposed creating a 30

minute opening schedule for the

Southern Boulevard Bridge during

seasonal weekdays.

Discussion of Comments

Four comments were received on the

original NPRM stating that the proposed

weekend opening schedules during the

winter season would place an undue

burden on the boating public, and that

the local community benefited from an

increase in boater traffic. The Coast

Guard agreed, and has eliminated the

proposed seasonal weekend opening

schedules from this revised proposal.

Therefore, all three bridge will still

operate on signal on the weekends. One

comment was received requesting that

the seasonal 8 a.m. opening on the

Flagler Memorial bridge and the 8 a.m.

and 5 p.m. openings on the Royal Park

bridge be removed because of their

effect upon commuter rush hour traffic.

The Coast Guard agreed that there is a

significant increase in commuter traffic

during this period, and is eliminating

those rush hour openings in this revised

proposal. Two comments were received

requesting the Coast Guard to extend the

winter operating schedule year round.

The Coast Guard disagreed, as there is

a not a present need to restrict openings

during the off season because of the

decrease in commuter traffic during that

time.

Discussion of the Revised Proposal

The Coast Guard reviewed its original

proposal and determined that the

significant increase in vessel traffic on

weekends was beneficial to the local

community and should not be

unreasonably impacted by bridge

opening instructions which did not

provide clearly offsetting benefits to the

seasonal traffic across the bridge.

Therefore, the proposed changes to the

weekend opening schedules have been

removed from this revised proposal and

the weekend opening schedules have

been modified to remove the existing 8

a.m. opening on the Flagler Memorial

bridge and the 8 a.m. and 5 p.m.

openings on the Royal Park Bridge,

which have significantly impacted the

flow of highway commuter traffic.

These revised regulations would

maintain the existing seasonal weekday

30 minute opening schedule for Flagler

Memorial and Royal Park Bridges, and

add the seasonal weekday 30 minute

opening schedule to the Southern

Boulevard Bridge which now operates

on signal. The seasonal restrictions for

all three bridges would start one month

earlier on 1 October to help reduce

traffic congestion created by earlier

arrival of seasonal visitors to the Palm

Beach areas. This changes is intended to

relieve seasonal highway congestion

while still meeting the reasonable needs

of navigation.

The amended regulations still provide

an exception to the opening schedules

for public vessels of the United States,

tug vessels with tows, and vessels in

situations where a delay would

endanger life or property.

Regulatory Evaluation

This revised proposal is not a

significant regulatory action under

section 3(f) of Executive Order 12866

and does not require an assessment of

potential costs and benefits under

section 6(a)(3) of that order. It has been

exempted from review by the Office of

Management and Budget under that

order. It is not a significant under the

regulatory policies and procedures of

the Department of Transportation.

(DOT) (44 FR 11040, February 26, 1979).

The Coast Guard expects the economic

impact of this proposal to be so minimal

that a full Regulatory Evaluation under

paragraph 10e of the regulatory policies

and procedures of DOT is unnecessary.

We conclude this because this revised

proposal does not effect the exemptions

for tugs with tows and emergency

situations already contained in the

regulations.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601 et seq.), the Coast Guard

must consider whether this revised

proposal will have a significant

economic impact on a substantial

number of small entities. ‘‘Small

entities’’ include small businesses and

not-for-profit organizations that are

independently owned and operated and

are not dominant in their field, and

governmental jurisdictions with

populations of less than 50,000.

Because it expects the impact of this

revised proposal to be minimal, the

Coast Guard certifies under 5 U.S.C.

605(b) that this proposed rule will not

have a significant economic impact on

a substantial number of small entities

because of the exemption for tugs with

tows. If however, you think that your

business or organization qualifies as a

small entity and that this revised

proposal will have a significant

economic impact on your business or

organization, please submit a comment

(see ADDRESSES) explaining why you

think you qualify and in what way and

to what degree this proposed rule will

economically affect you.

Collection of Information

This revised proposal contains no

collection of information requirements
35554 Federal Register / Vol. 63, No. 125 /Tuesday, June 30, 1998 / Proposed Rules

under the Paperwork Reduction Act. (44

U.S.C. 3501 et seq.).

Federalism

The Coast Guard has analyzed this

revised proposal under the principles

and criteria contained in Executive

Order 12612, and has determined that

this proposal does not have sufficient

federalism implications to warrant the

preparation of a Federalism Assessment.

Environmental Assessment

The Coast Guard considered the

environmental impact of this revised

proposal and has determined pursuant

to section 2.B.2.a (CE #32(e)) of

Commandant Instruction M16475.1C,

that this action is categorically excluded

from further environmental

documentation. A categorical exclusion

determination for this rulemaking is

available in the public docket for

inspection and copying.

List of Subjects in 33 CFR Part 117

Bridges.

In consideration of the foregoing, the

Coast Guard proposes to amend 33 CFR

part 117 as follows:

PART 117—[AMENDED]

1. The authority citation for part 117

continues to read as follows:

Authority: 33 U.S.C. 499; 49 CFR 1.46; 33

CFR 1.05–1(g); section 117.255 also issued

under the authority of Pub. L. 102–587, 106

Stat. 5039.

2. In § 117.261 revised paragraphs (u),

(v) and (w) to read as follows:

§ 117.261 Atlantic Intracoastal Waterway

from St. Mary’s River to Key Largo.

* * * * *

(u) Flagler Memorial (SR A1A) bridge,

mile 1021.9 at Palm Beach. The draw

shall open on signal; except that from

October 1 to May 31, Monday through

Friday except Federal holidays, from

7:30 a.m. to 9:30 a.m. and from 4 p.m.

to 5:45 p.m., the draw need open only

at 8:30 a.m. and 4:45 p.m. From 9:30

a.m. to 4 p.m., the draw need open only

on the hour and half-hour.

(v) Royal Park (SR 704) bridge, mile

1022.6 at Palm Beach. The draw shall

open on signal; except that from October

1 through May 31, Monday through

Friday except Federal holidays, from

7:45 a.m. to 9:45 a.m. and from 3:30

p.m., to 5:45 p.m., the draw need open

only at 8:45 a.m., 4:30 p.m., and 5:15

p.m. From 9:30 a.m. to 3:30 p.m., the

draw need open only on the quarterhour and three-quarter hour.

(w) Southern boulevard (SR 700/80)

bridge, mile 1024.7 at Palm Beach. The

draw shall open on signal; except that,

from October 1 through May 31,

Monday through Friday except Federal

holidays, from 7:30 a.m. to 9:15 a.m.

and from 4:30 p.m. to 6:30 p.m., the

draw need open only at 8:15 a.m. and

5:30 p.m. From 9:15 a.m. to 4:30 p.m.,

the draw need open only on the quarterhour and three-quarter hour.

* * * * *

Dated: June 23, 1998.

Norman T. Saunders,

Rear Admiral, U.S. Coast Guard Commander,

Seventh Coast Guard District.

[FR Doc. 98–17370 Filed 6–29–98; 8:45 am]

BILLING CODE 4910–15–M

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Administration For Children and

Families

45 CFR Part 1303

RIN: 0970–AB87

Head Start Program

AGENCY: Administration on Children,

Youth and Families (ACYF),

Administration for Children and

Families (ACF), HHS.

ACTION: Notice of Proposed Rulemaking.

SUMMARY: The Administration on

Children, Youth and Families is issuing

this Notice of Proposed Rulemaking to

propose timelines for the conducting of

administrative hearings on adverse

actions taken against Head Start

grantees and to make additional changes

to the regulations designed to expedite

the appeals process.

DATES: In order to be considered,

comments on this proposed rule must

be received on or before August 31,

1998.

ADDRESSES: Please address comments to

the Associate Commissioner, Head Start

Bureau, Administration on Children,

Youth and Families, PO Box 1182,

Washington, DC 20013. Beginning 14

days after close of the comment period,

comments will be available for public

inspection in Room 2219, 330 C Street,

SW., Washington, DC 20201, Monday

through Friday between the hours of 9

a.m. and 4 p.m.

FOR FURTHER INFORMATION CONTACT: Jim

S. Kolb (202) 205–8580.

SUPPLEMENTARY INFORMATION:

I. Program Purpose

Head Start is authorized under the

Head Start Act (42 U.S.C. 9801 et seq.).

It is a national program providing

comprehensive developmental services

primarily to low-income preschool

children, primarily age three to the age

of compulsory school attendance, and

their families. To help enrolled children

achieve their full potential, Head Start

programs provide comprehensive

health, nutritional, educational, social

and other services. Additionally, Head

Start programs are required to provide

for the direct participation of the

parents of enrolled children in the

development, conduct, and direction of

local programs. Parents also receive

training and education to foster their

understanding of and involvement in

the development of their children. In

fiscal year 1996, Head Start served

752,000 children through a network of

over 2,000 grantees and delegate

agencies.

While Head Start is intended to serve

primarily children whose families have

incomes at or below the poverty line, or

who receive public assistance, Head

Start policy permits up to 10 percent of

the children in local programs to be

from families who do not meet these

low-income criteria. The Act also

requires that a minimum of 10 percent

of the enrollment opportunities in each

program be made available to children

with disabilities. Such children are

expected to participate in the full range

of Head Start services and activities

with their non-disabled peers and to

receive needed special education and

related services.

II. Summary of the Proposed

Regulation

The authority for this Notice of

Proposed Rulemaking (NPRM) is section

646 of the Head Start Act (42 U.S.C.

9841), as amended by Pub. L. 103–252,

Title I of the Human Services

Amendments of 1994. ACF proposes to

make changes to the regulations

designed to expedite the appeals

process and as specifically required by

section 646(c) to specify a timeline for

administrative hearings on adverse

actions taken against grantees, and a

timeline by which the person

conducting the administrative hearing

shall issue a decision based on the

hearing. The proposed rule implements

these requirements.

Overall, this proposed rule on

timelines, including the conforming

changes to other affected sections of the

appeals requirements in part 1303, will

have the effect of saving time and

expenses while continuing to allow due

process to a grantee appealing a

proposed termination or denial of

refunding decision. In the past, a

number of appeal proceedings have

been protracted and costly partly

because of the absence of statutory or

regulatory timelines for holding a